• The United States Citizenship and Immigration Services (USCIS) provides specific procedures for minors seeking asylum in the United States to ensure their unique needs and rights are prioritized. As a USCIS officer, I want to emphasize that these procedures are carefully designed to offer protection and support to young applicants who may be facing extraordinary circumstances.
• Minors under 18 years old can apply for asylum independently, separate from their parents or spouses. This autonomy is crucial for those who may need to present their individual cases. Unaccompanied minors, defined as those without a parent or legal guardian in the United States to care for them, are eligible to apply under specific conditions. These minors might have been separated from their guardians, entered the country with an adult who no longer cares for them, or have no legal guardianship arrangements due to the death of a parent.
• Asylum officers play a pivotal role in handling these cases, whether the minor is involved in immigration court proceedings or has filed an application at an asylum office. It is vital for minors to attend all immigration court hearings and adhere to the instructions given by the Immigration Judge. Our officers are trained to conduct interviews that are sensitive to the age and developmental stage of the child, ensuring a supportive and understanding environment.
• During these interviews, officers will inquire about the child’s guardianship situation and whether the guardian has permitted the asylum application. If further information about the guardian or parent is required, the officer may need to delay the case to ensure all necessary details are gathered. With the minor’s consent, a parent or trusted adult may be interviewed to provide information that the child might not be able to convey independently. It is important to note that having a witness or trusted adult present at the interview is not mandatory.
• The USCIS is committed to upholding the rights of minors in the asylum process, ensuring that their cases are handled with care and compassion. By providing a structured and child-focused procedure, we strive to create a safe environment where young asylum seekers can express their needs and circumstances, reinforcing our dedication to humanitarian protection and the well-being of vulnerable populations.